unwanted guest

Page 2 of 7  


that changes things, you didn't mention that in your original post, you need legal counsel

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Kathy you said he gave you a letter and on another post you say you never recieved it ?? Yes.
You say there is no paper trail but he gave you a money order and you indicate you will deny it ?? Yes,, Did you give him a reciept, I dont think so because you said he tried to" Creat a paper trail". What BS .
What work was not done or disagreed on.
You say he is to pay his share of electricity, so how do you determine" His Share ", do you guess? Do you compare last years usage, not cost and add the difference? What is his % cost of your bill. Does he heat with electric space heaters and have a big frige or do you supply the heat and an energy efficient frige. A 1500 watt electric space heater would cost me near 150 a month at my rates run 24x7 .So what is his charge you figure is fair, 30$ a month? or 200$ a month. Im seeing a side to your story a judge will not like, you hiding a letter and proof of payment. Id like to hear his side also. There is more to this story then we are presently told.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
In alt.home.repair on Wed, 26 Jan 2005 13:18:53 -0600 snipped-for-privacy@webtv.net (m Ransley) posted:

Absolutely. Even if he tells only the truth, his side will sound quite different. If he decides to lie, like some people are advising Kathy to lie, his side will sound even more different from hers.
The police and judges know this as well, better, than you or I do.

Meirman -- If emailing, please let me know whether or not you are posting the same letter. Change domain to erols.com, if necessary.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

Kathy,
You did not tell us the complete story the first time!
You have a landlord-tenant relationship with this person based on the payment of money for housing. The courts will consider the utility excuse just that in the absence of a written agreement. You will need to follow your local laws. If you don't you could wind up owing this joker some serious money. Treble damages and more are a common remedy for abusive landlords.
If you don't want to go the preferred attorney route, you can call your local court clerks office and find out what the process for legal eviction is. Then you must follow those steps EXACTLY. Here, one is required to serve a written notice demanding payment of the past due rent and wait the prescribed number of days before taking any more action. Your court clerk can, and will if act nice, give you fill in the blank forms that you can use for the entire process. Here if you do everything in a timely matter it takes about 30 days for the entire process. In the more Liberal states in can take up to 6 months. Hope you aren't in Boston.
BTW, you have left a "paper" trail by posting here so I would strongly encourage you to follow the legal procedures for your locality.
Colbyt
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

It's not an apartment. It's an in-law suite. There is nothing on paper except the note he wrote us whick I never got. He has quit talking to my daughter. His mother doesnt want him so bad that I'm sure she's behind his ranting. Most of the stuff in there is mine. He had to bring his bed because my son took his.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
The best that could happen is if he got busted for drugs or underage drinking, he would be gone immediatly. Get legal advise, call your police dept and an atty.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
In alt.home.repair on Wed, 26 Jan 2005 11:19:55 -0600 snipped-for-privacy@webtv.net (m Ransley) posted:

I have agreed with what else you said in this thread, but here I wish to point out: He'll still get out on bail, and even if he didn't, she would still be responsible to show some level of care for his possessions.
Directed to the group as a whole: People reading this thread should imagine how they would feel if say, they were having a bout of depression or unemployment and couldn't afford to pay the rent or do the chores they'd agreed to do, and one's landlord threw their stuff away.
Kathy, why do you distinguish between an apartment and an in-law suite? Do you think the relevant laws refer to "in-law suites"? I doubt it.
Do his premises have their own entrance, without going through your living area? If so, I would give you five-to-one odds that the premises in question are within the legal definition of "apartment".
Meirman -- If emailing, please let me know whether or not you are posting the same letter. Change domain to erols.com, if necessary.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
m Ransley wrote:

And in some places YOU could actually lose your house to forfeiture under zero tolerance, (which by the way equals zero common senses), laws.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

You may be renting an in-law suite as an apartment illegally, depending on your jurisdiction. If you are doing this, he may be able to use it against you. You need to get legal advice.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Just read the other posters comments.
Do not turn off the breaker, or anything else. Don't change the locks, or move their stuff out. Be very cordial with this sob. But, your goal is to get them out. You will succeed, but don't screw it up by doing anything to make it uncomfortable for this tenant. I don't want to scare you, but if you do the wrong thing you could lose your house. It will cost you some money, but its a lesson that must be paid for. Did I say consult a lawyer?
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Beat him up, tie him up, take out in to the hills, make him dig a grave, make him kneel in it and then pull an empty chamber on him.
Then get him to strip and drive off with his clothes, this a..hole needs to learn a hard lesson in life and soon !!!.
What kind of pussy is your husband to have let things go so far !!!.
--
Marcus

I like people, they are bio-degradable !.
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
I think you should find out when and where your local TA (Trolls Anonymous) group meets.
Perce
On 01/26/05 10:16 am Kathy tossed the following ingredients into the ever-growing pot of cybersoup:

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Contact an atty even better the police will know the rights he has in your area and it is free advise. Normaly give him a 5 day notice you purchase these at office supply stores, then file in small claim. Dont cut his heat, electric, locks, or anything, he has legal rights and it will all come out eventualy against you, dont lie on his payments or work, he may seek revenge. You may not even have legal rights to enter his apt now since it was not in writing. I rented a house the tennent was 3 months past due, they called the police when I came out, the police made me leave my house, because I did not have on the lease I could enter anytime. Find out your and his rights before anger gets you in trouble, follow the law on this, you are going to loose either way but you will learn. Do something out of the law and you will regret it in court. A 5 day notice usualy wakes them up fast. If he has partys call the cops because you suspect drugs or underage drinking this jerk will ride you , let him know it is time to go, nicely, legaly. in writing.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
You people have been watching that Michael Keaton movie too many times. Go buy two nice Louisville sluggers, call your son up, give your husband and your son each a bat, and send em on up.
He will leave.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
I know it's tempting to beat the living shit out of the little freeloader, but if you think you're mad now, wait until a judge orders you to recompense him for his belongings, "pain and suffering," etc.
You can do no wrong by filing a formal eviction. It doesn't cost much and covers your ass. ASSUME he has tenant's rights, because even though laws vary from state to state, he does have rights - rights you gave him. The fact that he doesn't pay and broke the verbal contract is of no consequence at this juncture; you still have to do a legal eviction, just as you would if you had a written contract.
Contracts don't mean a thing once you've provided a space for another human to reside. As such, it has to be inhabitable. So don't cut off his electricity or water, much as you want to (and in my opinion, have a right to!). Don't dispose of ANY of his belongings. Go the formal route. In the long run it will benefit YOU. Next time don't let anyone live in your property without a legally binding contract, background check, and deposit/first month's rent up front. I speak from experience; I was a landlord for 15 years.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

I'm NOT a landlord!!!!!!
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

You are now, and have been for the past few months.
- Rich
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Wake up Kathy you are a lanlord now and must behave as one or you will never win but may loose big. He has rights like it or not, you gave him those rights.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
m Ransley wrote:

Agreed. Landlords are spawn of the Devil and will use all means, unethical, illegal, and life-threatening preferred, to accomplish their evil whims.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Related Threads

    HomeOwnersHub.com is a website for homeowners and building and maintenance pros. It is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.